Indiana Last Will and Testament

No. Indiana does not recognize holographic (handwritten, unwitnessed) wills. A valid Indiana will must be in writing and signed by two witnesses in the testator's presence. Without proper witnesses, a handwritten will is invalid. Consider using a self-proved will form with notarized attestation to avoid challenges.

No. Indiana repealed its inheritance tax in 2013 and has no estate tax. Only the federal estate tax applies, which currently exempts estates under approximately $13.6 million (2024). Indiana residents with estates below the federal threshold owe no death taxes.

Under IC §29-1-3-1, a surviving spouse may elect against the will and claim one-third of the net estate. This right exists even if the will disinherits the spouse. The election must be made within 3 months of the will's admission to probate. Premarital agreements waiving the elective share are enforceable.

Formal Indiana probate typically takes 6–12 months for straightforward estates. Complex estates with disputes, creditor claims, or out-of-state property can take 2 or more years. Indiana's supervised administration requires court approval for most transactions. Unsupervised administration (allowed if all beneficiaries agree) is faster and less expensive.